(4)In subsection (5) (as inserted by the Adoption (Intercountry Aspects) Act 1999 (c. 18)) (entitlement of a person adopted pursuant to the order of a court in the United Kingdom), after “United Kingdom” insert “ or, on or after the appointed day, any court in a qualifying territory ”.

(5)In relation to any time after the commencement of this Schedule but before the coming into force of section 7 of the Adoption (Intercountry Aspects) Act 1999, in subsection (5) (entitlement pursuant to adoption order made by court in the United Kingdom), for “he” substitute “ or where on or after the appointed day such an order is made by any court in a qualifying territory, the minor ”.

DescentE+W+S+N.I.

2(1)Section 2 of that Act (acquisition by descent) is amended as follows; but nothing in this paragraph affects the operation of that section in relation to persons born before the commencement of this Schedule.

(2)In subsection (1) (birth outside the United Kingdom)—

(a)after the first “outside the United Kingdom” insert “ and the qualifying territories ”,

(b)in paragraph (b), after “outside the United Kingdom” insert “ and the qualifying territories ” and after “in the United Kingdom” insert “ or a qualifying territory ”, and

(c)in paragraph (c), after “outside the United Kingdom” insert “ and the qualifying territories ”.

(3)In subsection (2)(a) (Crown service under the government of the United Kingdom), after “United Kingdom” insert “ or of a qualifying territory ”.

(4)In subsection (3) (services associated with the government of the United Kingdom)—

(a)after the first “United Kingdom” insert “ and the qualifying territories ”, and

(b)after the second “United Kingdom” insert “ or in a qualifying territory ”.

Registration of minorsE+W+S+N.I.

3(1)Section 3 of that Act (acquisition by registration: minors) is amended as follows; but nothing in this paragraph affects the operation of that section in relation to persons born before the commencement of this Schedule.

(2)In subsection (2) (registration of persons born outside United Kingdom), after “outside the United Kingdom” insert “ and the qualifying territories ”.

InterpretationE+W+S+N.I.

““appointed day” means the day appointed by the Secretary of State under section 8 of the British Overseas Territories Act 2002 for the commencement of Schedule 1 to that Act;”,

and

““qualifying territory” means a British overseas territory other than the Sovereign Base Areas of Akrotiri and Dhekelia;”.

(3)In subsection (7) (birth aboard ships and aircraft) for the words from “The preceding provisions” to the end substitute—

“(7A)For the purposes of this Act a person born outside a qualifying territory aboard a ship or aircraft—

(a)shall be deemed to have been born in that territory if—

(i)at the time of the birth his father or mother was a British citizen or a British overseas territories citizen; or

(ii)he would, but for this subsection, have been born stateless,

and (in either case) at the time of the birth the ship or aircraft was registered in that territory or was an unregistered ship or aircraft of the government of that territory; but

(b)subject to paragraph (a), is to be regarded as born outside that territory, whoever was the owner of the ship or aircraft at the time, and irrespective of whether or where it was then registered.

(7B)For the purposes of this Act a person born outside a British overseas territory, other than a qualifying territory, aboard a ship or aircraft—

(a)shall be deemed to have been born in that territory if—

(i)at the time of the birth his father or mother was a British overseas territories citizen; or

(ii)he would, but for this subsection, have been born stateless,

and (in either case) at the time of the birth the ship or aircraft was registered in that territory or was an unregistered ship or aircraft of the government of that territory; but

(b)subject to paragraph (a), is to be regarded as born outside that territory, whoever was the owner of the ship or aircraft at the time, and irrespective of whether or where it was then registered.”

6In section 51(3)(a)(ii) of that Act (“citizen of the United Kingdom and colonies”), after “1983” insert “ or the British Overseas Territories Act 2002 ”.E+W+S+N.I.

Section 7

SCHEDULE 2E+W+S+N.I.Repeals

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